New Mexico legislators, governor clash over appointment

Governor's office defends Riedel

SANTA FE -- New Mexico's Public Defender Commission is brand new, but it is off to a controversial start because of a challenge to one member's qualifications.

Republican Gov. Susana Martinez appointed longtime prosecutor Susan Riedel to the commission, a decision that at least two Democrats in the Legislature say violated the law.

Riedel, 54, worked as an assistant under Martinez when Martinez was the district attorney of Dona Ana County. Less than two months after Martinez took office as governor in 2011, she appointed Riedel to a district court judgeship. Riedel lost her seat on the bench in last fall's election and has since retired from practicing law.

Martinez in May of this year chose Riedel as her appointee to the Public Defender Commission, a move that the legislators say was impermissible.

State Reps. Antonio Maestas and Gail Chasey, both Democrats from Albuquerque, wrote Martinez a letter last week asking her to rescind the appointment. They said Riedel had no experience in representing indigent defendants as required by the law establishing the Public Defender Commission.

"Opposition to her membership is shortsighted and is an unfortunate distraction from the huge tasks at hand for the commission," Knell said.

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As for Maestas, he said he was considering filing a lawsuit asking the state Supreme Court to remove Riedel from the commission if Martinez sticks with her appointment.

"It's disappointing that the governor's office has dug in its heels on this," Maestas said in an interview. "It's clear to the lay person and crystal clear to those in the legal profession that the honorable judge Riedel doesn't qualify under the plain language of the statute."

The law approved by the Legislature and signed by Martinez says Public Defender Commission members should have "significant experience in the legal defense of criminal or juvenile cases" or must have "demonstrated a commitment to quality indigent defense representation or to working with and advocating for the population served by the department."

Riedel said in an interview that she did not qualify under the first part of the law, having handled only one case in her career as a defense attorney. But of the second qualifying standard of commitment to indigent defendants she said, "I think I fit that."

Riedel said this was because she had advocated for adequate funding and resources for the public defender's office in Las Cruces.

"While what I have done might not have been on the front page, I was an advocate on behalf of the public defender's office," Riedel said.

Martinez's office later released a similar statement on Riedel's qualifications.

"Both as a prosecutor and then as a judge, (Riedel) advocated for a criminal justice system in which all components function smoothly, including a spirited defense. As a prosecutor, Susan worked with the local public defender office to help make sure they had the resources they needed," Knell said.

Asked for specifics of Riedel's support for the public defender, such as letters or testimony to the Legislature on its behalf, Knell said he would try to provide more particulars.

Riedel said she had not spoken to Martinez about the challenge to her appointment, but that it had not dampened her interest.

"I can't tell you how excited I am. I very much want to serve," Riedel said.

The governor formerly oversaw the state public defender department. Maestas in 2012 sponsored a constitutional amendment to free the department from the governor's control. Voters overwhelmingly approved that change last fall.

Legislators then approved the enabling law, including the qualifications for the 11 commission members who will oversee the department.